BILL NUMBER: AB 1252	CHAPTERED  10/10/99

	CHAPTER   977
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 10, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 3, 1999
	PASSED THE SENATE   SEPTEMBER 2, 1999
	AMENDED IN SENATE   AUGUST 31, 1999
	AMENDED IN SENATE   AUGUST 24, 1999
	AMENDED IN SENATE   AUGUST 16, 1999

INTRODUCED BY   Assembly Member Wildman

                        FEBRUARY 26, 1999

   An act to amend Section 2499.5 of the Business and Professions
Code, and to amend Section 139 of the Labor Code, relating to medical
regulation, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1252, Wildman.   Podiatric fees:  workers' compensation:
doctors of podiatric medicine.
   Existing law specifies a biennial renewal fee for a certificate to
practice podiatric medicine of $800.
   This bill would, until January 1, 2002, increase that amount to
$900.  This fee is deposited into the Podiatry Fund which is
continuously appropriated. By increasing the fee revenues deposited
into this fund, the bill would make an appropriation.
   Existing law requires the Industrial Medical Council to consist of
9 doctors of medicine, 2 doctors of osteopathic medicine, 2 doctors
of chiropractic, one physical therapist, one doctor of psychology,
and one medical economist.  Four of the doctors of medicine are
appointed by the Governor.
   This bill would additionally require that a doctor of podiatric
medicine and an acupuncturist serve on the council.  It would also
increase from 9 to 11, the number of doctors of medicine on the
council.  The 2 additional doctors of medicine would be appointed by
the Governor.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2499.5 of the Business and Professions Code is
amended to read:
   2499.5.  The following fees apply to certificates to practice
podiatric medicine.  The amount of fees prescribed for doctors of
podiatric medicine shall be those set forth in this section unless a
lower fee is established by the board in accordance with Section
2499.6.  Fees collected pursuant to this section shall be fixed by
the board in amounts not to exceed the actual costs of providing the
service for which the fee is collected.
   (a) Each applicant for a certificate to practice podiatric
medicine shall pay an application fee of twenty dollars ($20) at the
time the application is filed.  If the applicant qualifies for a
certificate, he or she shall pay a fee which shall be fixed by the
board at an amount not to exceed one hundred dollars ($100) nor less
than five dollars ($5) for the issuance of the certificate.
   (b) The oral examination fee shall be seven hundred dollars
($700), or the actual cost, whichever is lower, and shall be paid by
each applicant.  If the applicant's credentials are insufficient or
if the applicant does not desire to take the examination, and has so
notified the board 30 days prior to the examination date, only the
examination fee is returnable to the applicant.  The board may charge
an examination fee for any subsequent reexamination of the
applicant.
   (c) Each applicant who qualifies for a certificate, as a condition
precedent to its issuance, in addition to other fees required by
this section, shall pay an initial license fee.  The initial license
fee shall be eight hundred dollars ($800).  The initial license shall
expire the second year after its issuance on the last day of the
month of birth of the licensee.  The board may reduce the initial
license fee by up to 50 percent of the amount of the fee for any
applicant who is enrolled in a postgraduate training program approved
by the board or who has completed a postgraduate training program
approved by the board within six months prior to the payment of the
initial license fee.
   (d) The biennial renewal fee shall be nine hundred dollars ($900).
  This fee shall remain in effect only until January 1, 2002, and as
of that date is reduced to eight hundred dollars ($800), unless a
later enacted statute, that is enacted before January 1, 2002,
deletes or extends that date.  Any licensee enrolled in an approved
residency program shall be required to pay only 50 percent of the
biennial renewal fee at the time of his or her first renewal.
   (e) The delinquency fee is one hundred fifty dollars ($150).
   (f) The duplicate wall certificate fee is forty dollars ($40).
   (g) The duplicate renewal receipt fee is forty dollars ($40).
   (h) The endorsement fee is thirty dollars ($30).
   (i) The letter of good standing fee or for loan deferment is
thirty dollars ($30).
   (j) There shall be a fee of sixty dollars ($60) for the issuance
of a limited license under Section 2475.
   (k) The application fee for certification under Section 2473 shall
be fifty dollars ($50).  The examination and reexamination fee for
this certification shall be seven hundred dollars ($700).
   (l) The filing fee to appeal the failure of an oral examination
shall be twenty-five dollars ($25).
   (m) The fee for approval of a continuing education course or
program shall be one hundred dollars ($100).
  SEC. 2.  Section 139 of the Labor Code is amended to read:
   139.  (a) The Industrial Medical Council shall consist of 11
doctors of medicine, at least one of whom shall be a psychiatrist and
at least one of whom shall specialize in occupational medicine, two
doctors of osteopathic medicine, two doctors of chiropractic, one
physical therapist, one doctor of psychology, one doctor of podiatric
medicine, and one acupuncturist, all of whom shall be licensed to
practice in this state, and one medical economist.  The
administrative director shall be an ex officio, nonvoting member of
the council, and the medical director appointed pursuant to Section
122 shall serve as executive secretary of the council.
   (b) The Governor shall appoint six doctors of medicine, two
doctors of osteopathic medicine, one doctor of chiropractic, and one
medical economist to the council.  The Senate Committee on Rules
shall appoint three doctors of medicine, one of whom shall be a
psychiatrist, one doctor of chiropractic, and the acupuncturist.  The
Speaker of the Assembly shall appoint two doctors of medicine, one
of whom shall be an occupational medicine specialist, the physical
therapist, the doctor of psychology, and the doctor of podiatric
medicine.
   The term of office of members of the council shall be four years,
and a member shall hold office until the appointment of a successor.
However, the initial terms of three of the doctors of medicine
appointed by the Governor shall expire, respectively, on December 31,
1991, December 31, 1992, and December 31, 1993, and the initial
terms of the doctors of medicine appointed by the Speaker of the
Assembly shall expire, respectively, on December 31, 1991, December
31, 1992, and December 31, 1993.  The initial term of one doctor of
osteopathic medicine and the doctor of psychology shall both expire
on December 31, 1991.  Any vacancy shall be filled by the original
appointing authority for the unexpired term.
   (c) The 11 doctors of medicine and the doctors of osteopathic
medicine of the council shall represent medical specialties concerned
with the treatment of industrial injury and disease.  The doctors of
medicine shall be appointed after consultation with the statewide
and local associations of the medical profession.  The doctors of
osteopathic medicine, psychology, and podiatric medicine shall be
appointed after consultation with the statewide associations of the
osteopathic medical profession, psychologists, and podiatric
medicine.  The doctors of chiropractic shall be appointed after
consultation with statewide and local associations of the
chiropractic profession.
   (d) Any physician of a type which must be represented pursuant to
subdivision (a) may be considered for appointment to the council if
the following qualifications are met:
   (1) A physician and surgeon shall be board certified in his or her
specialty or, if a doctor of chiropractic, shall be certified in a
chiropractic specialty recognized and approved by the California
Chiropractic Association, the International Chiropractors Association
of California, or the American Chiropractic Association, or if a
psychologist, shall be board certified in clinical psychology, or
hold a doctoral degree in psychology from an accredited university or
professional school and have not less than five years' postdoctoral
experience in the diagnosis and treatment of emotional and mental
disorders.
   (2) The physician and podiatrist shall be experienced in treating
and evaluating industrial injuries and shall maintain an active
practice, of which at least one-third of the total practice time is
devoted to direct patient treatment.
   (e) Members of the council shall, within the scope of each member'
s professional training, do all of the following:
   (1) Maintain liaisons with the medical, osteopathic, chiropractic,
psychological, and podiatric professions.
   (2) Counsel and assist the administrative director and perform
other duties as the administrative director may request.
   (3) Assist in recruiting physicians for the medical bureau of the
division.
   (4) Assist in developing guidelines for the determination of
disputed questions of clinical fact, including guidelines for the
range of time normally required to perform a comprehensive
medical-legal evaluation, as well as the content of those procedures.
  The guidelines shall include the range of time normally required
for direct patient contact between the physician and the patient in
each such procedure.
   (5) Suggest standards for improving care furnished to injured
employees.
   (6) Undertake continuing studies of developments in the field of
rehabilitation, and continuously inform treating physicians of these
developments.
   (7) Recommend reasonable levels of fees for physicians performing
services under Division 4 (commencing with Section 3200).
   (8) In coordination with the administrative director, monitor and
measure changes in the cost and frequency of the most common medical
services, and adopt guidelines for the treatment of common industrial
injuries on or before July 1, 1994.  The guidelines shall reflect
practices as generally accepted by the health care community, and
shall apply the current standards of care, including, but not limited
to, appropriate and inappropriate diagnostic techniques, treatment
modalities, adjustive modalities, length of treatment, and
appropriate specialty referrals.  On or before July 1, 1994, the
administrative director shall adopt model utilization protocols in
order to provide utilization review standards.  All insurers shall
comply with this protocol by July 1, 1995.
   (9) In consultation with the administrative director, promulgate a
form which may be used by treating physicians to report on medical
issues necessary to determine an employee's compensation.
   (f) The council shall appoint an advisory committee on psychiatric
injuries with both psychologists and psychiatrists as members and
shall consider the advisory committee's recommendations concerning
psychiatric injuries.  The council may appoint advisory committees
for other specialties as may be necessary to the performance of its
duties.
   (g) No action of the council shall be taken unless concurred in by
not less than nine members present and voting at a meeting.
   (h) Members of the council shall receive actual, necessary
traveling expenses and a per diem allowance of one hundred dollars
($100) for each day spent in meetings of the council.
